Answered on May 04th, 2011 at 8:57 AM
Identity theft in Alabama is a serious charge. I have listed the appropriate Alabama statute here: *Section 13A-8-192* Identity theft. (a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.
(2) Obtains goods or services through the use of identifying information of the victim.
(3) Obtains identification documents in the victim's name.
(b) Identity theft is a Class C felony. As you can see, in Alabama, Identity theft is a Class C Felony, which is punishable by up to a year in Jail and a $2000 fine for each offense. Anyone with two prior felonies could be facing the Habitual Offender Act.
However, your question states that your girlfriend has a mental illness. This illness may can negate the "intent" factor necessary to commit identity theft. Thus, if she did not understand what she was doing, or was not in control of her actions, she likely has a good defense to the charge. I highly suggest you contact an experienced Alabama Criminal Defense Attorney as soon as possible. If I can answer any other questions or help further, please feel free to give me a call at 205-981-2450. I have also included lots of pertinent and helpful information on my website and my Alabama Criminal Defense Blog.